Forensic neuropsychology: definition, objectives and fields of application

Have you wondered what a neuropsychologist can do in a trial? As we know Neuropsychology takes into account the relationship between the brain and cognitive, behavioral and emotional functioning. All of this helps to better understand many disorders or difficulties in daily life. Even so, within the discipline there are divisions that are related to the type of application of knowledge. One of them is forensic neuropsychology.

This discipline has taken center stage since the 1980s thanks to the usefulness it can have in some legal cases. Therefore, it is interesting to understand what this discipline consists of and what its possible applications are. Doing so, for example, will tell us when it is necessary to see a specialist.

Defining forensic neuropsychology

Forensic neuropsychology refers to the applications of knowledge from the branch of neuropsychology in legal matters. Experts in this discipline offer their testimony during trials about people who have some type of cognitive damage or dysfunction. Therefore, this professional takes center stage in cases where the person who suffers damage requests compensation for it.

In history, psychologists began to gain prominence as witnesses in legal fields in 1960 thanks to the emblematic trial: Jenkins vs USA. Here the Court of Appeals of the District of Columbia recognizes that they can be useful in the assessment of mental illness.

Even so, forensic psychology did not appear until the early 1980srelating it especially to the following factors:

The increase of research on the relationship between behavior and the brainthrough quantitative methods. Interpretation strategies to infer the presence, type and location of a neurological pathology. Decision making such as the determination of a disability. Description of behavioral and cognitive profiles characteristic of each of the neurological diseases. Implications of damage to psychosocial functioning. Determination of a prognosis. Decisions on the most appropriate interventions.

What is the object of study of forensic neuropsychology?

As we explained previously, forensic neuropsychology transfers the models, methodology, instrumentation and knowledge of clinical neuropsychology to a legal context.

He takes ideas and roles mainly from the forensic field, thanks to the problems and situations he must face. That is, in their objective, it does not matter so much whether or not the person presents cognitive alterations, but rather how these difficulties affect the specific event that is being legally considered.

It has been determined that the main tasks of the forensic neuropsychologist in civil and criminal cases are the following:

Determine the dysfunction of the personEstablish the effect of the dysfunction on the person’s daily lifeMake a statement regarding the forecasts that can be derived from this deficit.Establish the relationship between the cause being judged and the consequent dysfunction.

Therefore, the objective of this discipline is to perform a sensitive and reliable identification of disorders. Starting with a description of them and establishing a relationship with the central nervous system. Likewise, it can give future recommendations that include evaluation and treatment.

Neuropsychological reports: is there a difference between those from the clinical and forensic branches?

The neuropsychological report is written when the assessment has already been made. Through him all results found during the evaluation are indicated. Even so, it is important to clarify that depending on the branch of neuropsychology they have a different purpose and components. Next, we will expose the points in common and those that are different.

To begin, we will start with the common points.

Clinic history: This reports the medical history and social development.Lesion specificity: the place where the injury occurred and the agents who caused it are reported.Alterations: the results of the assessment related to the difficulties that may arise at a cognitive, emotional and social level are shown. Likewise, the severity of the injury is determined.Prognosis and rehabilitation: in this case it is reported what the prediction regarding brain damage may be. In addition, some recommendations should be made to follow.

Even so, There are also some important differences with respect to the forensic neuropsychology report. In the latter, the causal indication between the injury and the changes that occurred due to it must first be included. In particular, changes related to the effects on the development of your work and activities at home must be specified.

Secondly, the level of disability that the affected person has to carry out the aforementioned activities must be determined. The difficulties they may have at work or the impossibility of doing it must be explicitly shown.

Lastly, it is necessary indicate whether these sequelae are stable, have the possibility of improving or, on the contrary, may worsen. This will depend on what type of compensation or effects they may have in the long term.

Fields of application of forensic neuropsychology

These applications can be divided into two large areas of law. During processes in these branches it can have an important impact on the verdicts issued in a trial or negotiation.

Labor and civil law

In this case several aspects can be included:

Civil incapacity or interdiction. In this case, the assessment carried out provides information about the affected faculties and their functional consequences. Indicating whether it is necessary to establish incapacitation of the person.Assessment of disabilities, consequences and damages. It is the field where the assessment by forensic neuropsychology is most important. In this case, it is responsible for evaluating the cognitive and emotional consequences caused by acquired brain damage. It may be driven by legal motivations and consequences, since due to this ruling you may receive some type of compensation or change in employment status.Determination of work incapacity. In this case they help determine the existence of sequelae at the brain level. Likewise, it must explain the influence that these damages may have on work skills and abilities.

Criminal law

Criminal law is the other area of ​​law where neuropsychology is gaining ground. Specifically, when pathologies related to brain damage appear.

In addition, it can identify rare symptoms that are not caused by neurological pathologies. Among them we can include: simulations or increased cognitive deficits due to psychiatric disorders. Among the main areas of work are:

Ability to stand trial. For this aspect, the neuropsychologist helps to objectify the presence and magnitude of behavioral and cognitive difficulties. Likewise, it must indicate whether these may interfere with the fulfillment of legal activities.Criminal liability. Here the role is to provide information that refutes or demonstrates some cognitive problems. All of this can determine whether or not the person understands the criminality of the activity. Furthermore, whether this person can be held responsible for directing her conduct regarding the criminal act of which she may be accused.Assessment of the victims. In this function, the assessment focuses on knowing the cerebral consequences that a person may have from attacks received by third parties.

To conclude, it is important to understand that forensic neuropsychology, despite being a recent discipline, has had a significant impact on your area of ​​work. This is because the functioning of our brain can have a notable impact on the decisions that can be made within a legal process, in many cases conditioning the meaning of a verdict.

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